Miscellaneous (Appeals) (Precedent)

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Notice of Motion

Notice of Motion 1

NOTICE OF MOTION

TAKE NOTICE that the Appellant will make a motion to set the time and date and give directions on this appeal in Court of Appeal Chambers on [day of week], the [day] day of [month], [year] at the hour of [time] at [address], [by telephone conference. Dial-in particulars for the conference will be provided in advance.] OR [in person].

You have the right to be present or represented by counsel. If you are not present or represented, the judge may proceed without you.

In support of the application attached is the Certificate of Readiness.

DATED this [day] day of [month] [year].

Notice of Motion 2

NOTICE OF MOTION

To

<name and address>

Motion

His Majesty the King, the Respondent/Appellant in this proceeding, moves for an order to ..., pursuant to [procedure rules] Rule [number].

Time and Place

The motion is to be heard by a Justice presiding in Chambers on [Date], at [time]. The moving party has set the motion for hearing in [time requirement] or less. The moving parts says that the motion will not require ore time.

References

The moving party relies on [procedure rules] Rules [numbers].

Possible Order

You may file an affidavit and a brief, attend the hearing of the motion, and state your position on whether the proposed order should be made. If you do not attend, the Justice may grant an order without further notice to you.

Certificate of Readiness

CERTIFICATE OF READINESS

I, [name], Counsel for the appellant, certify to the Court:

(i) that the court or tribunal appealed from has issued a formal order (if applicable);

(ii) I have a paper copy of the written decision under appeal;

(iii) that I have ordered copies of the audio recordings from the appropriate court or tribunal;

(iv) that I have ordered the transcription of these audio recordings (the evidence);

(v) that I am informed by a representative at Drake Recording Services and believe that the transcription will be completed no later than October 15, 2021;

(vi) that I have sent a copy of the notice of appeal to the judge (or tribunal) from whose decision this appeal is taken; and

(vii) that I anticipate being able to file the Appeal Book in this matter no later than [month] [day], [year].

DATED at [location], this [day] day of [month], [year].

signature

[NS: Form 90.26]